Summarizes some of 2001's more interesting and important court cases regarding employment discrimination in higher education, commenting on their effects on case law. (EV)

Describes how a language professor who was denied tenure now specializes in helping academics challenge their colleges. (EV)

Discusses the confusion on issues of teacher roles and collective bargaining resulting from the court case, "National Labor Relations Board v. Yeshiva University." Presents the possible implications from the perspective of teachers as well as administration. Outlines the "Toledo Plan," an Ohio program where a teacher governance…

Examines the current state of First Amendment rights of faculty at public colleges and universities. Using as a focus the recent case of Crue v. Aiken, analyzes the place of the prior restraint doctrine and the treatment of public employees in the free speech context, arriving at a conclusion that offers an extension of the restrictions allowed by…

Two federal circuit court cases clarify the transactional relationship between the teacher and the educational institution: "McConnell v. Howard University" focuses on the institution's responsibility to provide a proper academic atmosphere; "Maples v. Martin" recognizes the rights of public college professors to communicate professional concerns…

The Supreme Court decision in Martin vs. Wilks gives employees dissatisfied with affirmative action hiring plans the right to mount legal challenges to them years after adoption, even if employees did not challenge the plans originally. Some say the plans are vulnerable to new legal challenges, while others say they are not. (MSE)

Discusses what drama teachers, directors, and administrators should know about the legal limits of their freedom of expression. Discusses the limitations imposed by the courts on administrative officials regarding their ability to control or regulate what theater students and teachers do. (RS)

Describes important court decisions which illustrate the relationship and potential tension between the academic freedom of an individual professor and the academic freedom of the university as an institution. (EV)

This paper discusses current court rulings on academic freedom at the college and university level. The paper focuses on three cases: "Hall v. Kutztown," in which the U.S. District Court for the Eastern District of Pennsylvania ruled that Kutztown University violated the free speech rights of a philosophy professor when it rejected him…

This article provides an overview of court cases that affect the curricular speech of teachers. Despite the large number of cases, the law governing speech in the schools is anything but settled. Courts disagree as to the analytical framework that should be applied to such claims, although most courts use the standard articulated by the Supreme…

Academic freedom, collegiality, and tenure are addressed with focus on how collective bargaining affects them. This material is intended to give college and university attorneys a feel for the challenges and problems that collective bargaining has brought to academia. Three sections look at the following: (1) academic freedom (what it is, academic…

Discussed is a court case in which a journalism teacher filed suit against a two year college alleging that the students' civil rights had been violated because the college had eliminated the student newspaper. The court allowed the teacher third-party standing to defend the rights of the students. (RM)

Although the 1976 copyright law provides teachers with specific rights and defenses concerning classroom use of copyrighted materials, litigation by publishers has affected college policies. Teachers should be educated concerning assertion of their rights, which will be lost if they are not used. Also, greater protection should be assured by…

Examines the civil rights claims raised by a university coach claiming he was forced to resign because he refused to wear contracted Nike apparel. Explores the state of the law regarding restrictions on private employers' control of employees' political activities, and asserts that to make up for the lack of legal protection, employers should…

The relationship between faculty union mandatory membership provisions in a collective bargaining agreement and the rights of faculty protected by tenure and academic freedom are examined, and college options and considerations in negotiating contracts under collective bargaining laws are discussed. (MSE)